Nashville Rear-End Collisions

Rear-end collisions account for nearly 25% of all auto accidents. Rear-end collisions can be especially dangerous as the force can cause an occupant of the front vehicle’s head to suddenly jerk forward, up to 10 times the force of gravity. This type of impact can cause serious neck, spinal cord, or brain injuries. In Tennessee, you may assert a claim to recover compensation for your property damage, medical expenses, pain and suffering, lost wages, lost future earnings, and scarring or disfigurement if you can show that the other driver’s negligence caused the accident and your losses.

While the rear vehicle is usually at fault in a rear-end collision, that is not always the case and the other driver may try to blame you for the accident, claiming that you backed into him or cut him off and thereby caused or contributed to the collision. In that case, the liability insurance carrier may deny your bodily injury claim outright or try to minimize the amount of damages owed to you. Keep in mind that even if you are partially at fault for the wreck, you may still be able to recover damages for your injuries. Whether you will be able to recover will depend on the portion of fault assigned to you for the crash, so it is important to retain an attorney to assist you in the early stages of the case while liability is still being investigated. A Nashville attorney can interview eyewitnesses, obtain physical evidence from the scene of the accident, and perhaps hire an accident reconstruction expert to assist in the investigation.

Tennessee follows modified comparative fault under which a percentage of blame may be attributed to each vehicle in a rear-end collision. If your portion of fault exceeds 50%, then you may be barred from obtaining compensation. If your portion of fault is determined to be less than 50%, then your damages award will be reduced by your percentage of fault. For example, suppose you merge over in front of another vehicle. Suppose the driver of that other vehicle was speeding and does not see you in enough time to brake and avoid the collision, which then caused you to suffer serious injuries. In that case, the other driver could blame you for making a sudden lane change, even if the other driver was cited by police for speeding. If the judge or jury finds that your improper lane change contributed at least 50% or more of the negligence that caused the wreck, then you would be barred from recovering for your injuries. If that same judge or jury finds that the other driver’s excessive speed was the primary cause of the accident and that you are only 30% to blame, then you could recover for your injuries, but your damages award would be reduced according to your percentage of liability. Hence, a damages award of $100,000.00 would be reduced by 30% to allow you to recover $70,000.00.